Essay about The Supreme Court

1217 Words Apr 17th, 2016 null Page
In 1954, the Supreme Court shifts its support of protecting economic rights during the Lochner era, to a commitment to equality liberalism. Brown is a proper use of the Supreme Court’s power. Its four valid shortcomings reveal the support Brown had from other political actors. Brown’s support provides the court legitimacy for their ruling and provided an era for equality. This era of equality allowed the court and social movements to work in synergy.
Firstly, the decision undermines the federal system that the 1787 constitution creates and forces the federal courts to micromanage local school boards without the proper implementation powers. However, this shortcoming legitimizes Brown as the Executive Branch implemented the ruling. Brown undermines the 1787 constitution because they essentially entrenched on the state’s power for educating their populace. The federal court is seen to micromanage school boards as they rule that Little Rock School Board’s plan for desegregation within 2 ½ years later is abiding Brown. The court even requires the busing of Black students to white schools. Klarman describes massive resistance from the Jim Crow South. This causes the court to resurrect the precedent of Marbury v. Madison in Cooper v. Aaron to reinstate their authority and ensure implementation of their decisions. Despite President Eisenhower background in segregation, he is forced by Brown’s decision to nationalize the National Guard and send in the elite 101th Airborne to…

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